What Is a Pretrial in a Michigan Criminal Case?

After your arraignment, the case will typically be set for one or more pretrials. A pretrial in a criminal case is a procedural meeting held before the trial begins, designed to streamline the judicial process. This article focuses on pretrials in misdemeanor and felony cases in Michigan state circuit and district courts. Notably, the procedures for state court pretrials differ from those in federal courts. For information on federal arraignment procedures, see our article What Is a Federal Arraignment?

Unlike federal court proceedings, Michigan's state court pretrials are not governed by a specific court rule or rule of criminal procedure. This lack of formal guidelines means that pretrial processes can vary depending on the preferences of individual judges and courts. Despite this variability, the primary purposes of a pretrial remain consistent: resolving legal issues, ensuring readiness for trial, and facilitating plea negotiations.

Table of Contents

• Key Purposes of a Pretrial Hearing
• Pretrial Conference: Common Questions
• Felony vs. Misdemeanor Pretrial Differences
• What Is Pretrial Release in Michigan?
• Types of Pretrial Release in Michigan
• What Does "Pretrial Release Order Generated" Mean?
• Common Pretrial Release Conditions in Michigan
• What Happens If You Violate Pretrial Release?
• Michigan State vs. Federal Pretrial Procedures
• Speak With a Michigan Pretrial Defense Attorney

Key Purposes of a Pretrial Hearing

1. Facilitate Plea Negotiations: Prosecutors and defense attorneys explore potential agreements to resolve the case without a trial.
2. Resolve Legal Issues: Pretrial motions allow the court to decide on evidentiary matters, procedural issues, or constitutional challenges.
3. Streamline the Trial Process: The court ensures all parties are ready, narrowing disputed facts and addressing potential logistical challenges.
4. Monitor Case Progress: The judge oversees the case's progression and ensures compliance with Michigan Court Rules.

Pretrial Conference: Common Questions

What happens during a pretrial conference?

A pretrial conference typically involves discussions between the judge, prosecutor, and defense attorney. Topics include:

• The status of plea negotiations.
• Any outstanding motions or legal challenges.
• Scheduling and readiness for trial.
• Narrowing down disputed facts to avoid unnecessary arguments during the trial.

How many pretrial conferences can there be?

There can be multiple pretrial conferences, depending on the complexity of the case. If parties cannot resolve key issues in one meeting, additional conferences may be scheduled to continue negotiations or address pending matters. Also, a meaningful pretrial cannot be conducted until discovery is completed so often a pretrial will be adjourned "to complete discovery."

What legal issues are addressed at a pretrial?

Legal issues brought up during pretrials often include:

• Admissibility of evidence (e.g., Intoxilyzer chemical breath test results in DUI cases).
• Constitutional challenges (e.g., search and seizure violations).
• Motions to suppress evidence or dismiss charges.

Do I need to attend the pretrial conference?

In Michigan, whether a defendant must attend a pretrial conference depends on the court's rules and the nature of the hearing. Your attorney will advise you if your presence is required.

Can a case be resolved at a pretrial?

Yes. Many cases are resolved at the pretrial stage through plea agreements, where the defendant agrees to certain terms in exchange for a reduced sentence or dismissal of some charges.

What happens if no agreement is reached?

If no agreement is reached, the case proceeds to trial. The pretrial ensures that all parties are prepared and that any unresolved legal or factual issues are clearly defined before the trial begins.

What fact questions come up at a pretrial?

Fact questions often include disputes over:

• The validity of field sobriety or chemical tests in DUI cases.
• Whether the defendant knowingly possessed contraband.
• The credibility of witnesses or police reports.

What is the judge's role during a pretrial?

The judge facilitates the conference by:

• Monitoring the progress of plea discussions.
• Resolving legal motions.
• Ensuring readiness for trial.

Judges do not express opinions on how factual disputes should be resolved; that is left to the jury or factfinder during trial. For more information see our article on the difference between a question of fact and a question of law.

Can you go to jail at a pretrial hearing?

Outside of bond violations and failures to appear, a pretrial hearing does not carry independent jailing risk for a defendant who is complying with the conditions of release. You are not being sentenced at a pretrial, and no finding of guilt is being made. The hearing exists to allow the parties to exchange information, negotiate, and schedule future proceedings.

Having said that, there are exceptions, and the most common reason a judge orders arrest or detention at a pretrial hearing is a bond violation. If you have failed to appear for a prior court date, tested positive on a drug or alcohol screen, picked up a new charge, or otherwise violated a condition of your release, the judge has authority to revoke your bond and remand you to custody on the spot. This can happen even if the pretrial hearing was scheduled for a routine purpose such as a plea offer or status update.

A judge may also issue a bench warrant and order detention if you fail to appear for the pretrial hearing itself. In Michigan, an unexcused failure to appear gives the court authority to issue a warrant, and law enforcement can execute that warrant at any time, including during a subsequent court appearance.

The practical takeaway is straightforward: show up on time, comply with every condition of your bond, and bring your attorney. If you are in full compliance with your release conditions, a pretrial hearing is a routine step in the process, not a cause for alarm.

Felony vs Misdemeanor Pretrial Differences

What happens at a pretrial for a felony?

If you are facing a felony charge in Michigan, it is important to understand that the word "pretrial" has a specific meaning that only applies after your case has moved through the district court and been formally transferred to the circuit court. Michigan criminal procedure provides that before that transfer occurs, your case will pass through a distinct sequence of district court proceedings: an arraignment, at which you are formally advised of the charges and bond is set; a probable cause conference, which is an informal hearing at which the prosecutor and your defense attorney discuss the case and explore whether a resolution is possible; and, if no resolution is reached, a preliminary examination, at which the prosecutor must present sufficient evidence to establish probable cause that a crime was committed and that you committed it. Only if the district court judge finds probable cause and "binds over" your case to the circuit court does the pretrial phase formally begin. These proceedings are governed by the Michigan Court Rules, which establish the procedural framework for each stage of a felony prosecution.

Once your case is in circuit court, the pretrial hearing serves several practical functions. The attorneys appear before the circuit court judge to report on the status of the case, exchange or confirm the completion of discovery, discuss any anticipated motions, and continue plea negotiations. In many circuits, the pretrial is the stage at which a formal plea offer is placed on the record and you are given the opportunity to accept or reject it. Michigan Court Rule 6.113 governs pretrial conferences in felony cases and authorizes the court to address a broad range of matters, including simplification of the issues, amendments to the pleadings, discovery, and the possibility of obtaining admissions that might avoid unnecessary proof at trial.If the case is not resolved at the pretrial, the judge will typically set a schedule for motion hearings and establish a trial date.

The pretrial hearing is not a trial, and no finding of guilt or innocence is made. Your attendance is generally required, and your attorney will advise you in advance on what to expect based on the specific court and judge assigned to your case.

What happens at a pretrial for a misdemeanor?

Misdemeanor cases in Michigan are handled entirely at the district court level and never proceed to circuit court unless a de novo appeal is filed after conviction. The structure of a misdemeanor case is therefore somewhat simpler. After your arraignment, at which you are advised of the charge and bond conditions are set, the court will schedule a pretrial hearing. District court criminal procedure for misdemeanors is governed by Michigan Court Rule 6.610, which establishes the framework for proceedings from arraignment through trial.

At the misdemeanor pretrial, your defense attorney and the prosecutor meet, typically informally, to discuss the facts of the case, review any discovery that has been exchanged, and explore whether a negotiated resolution is possible. The prosecutor will ordinarily convey a plea offer at this stage, and your attorney will consult with you about whether to accept it, request additional time to investigate or negotiate, or proceed toward trial. If the case is not resolved, the court will schedule additional pretrials or set the matter for a bench or jury trial.

In practice, many misdemeanor cases resolve at or shortly after the first pretrial hearing. The hearing itself is brief and procedural in nature. You are expected to attend, your attorney will do most of the talking, and no testimony is taken. As with felony pretrials, the hearing carries no independent jailing risk for a defendant who is complying with bond conditions, though a judge retains authority to address any bond violations that come to light at the hearing.

What Is a Pretrial Release in Michigan?

Pretrial release is a cornerstone of Michigan's criminal justice system, allowing individuals charged with crimes to remain free while awaiting trial. At arraignment, the court determines whether the defendant will be held in custody, released on personal recognizance, or granted conditional release with or without financial bail. These decisions are governed by Michigan Court Rule (MCR) 6.106 and reflect the state's commitment to balancing public safety with the defendant's constitutional rights.

Recent reforms have shifted Michigan's pretrial practices to favor release in most cases, emphasizing non-monetary conditions and individualized risk assessments. These changes aim to address inequities associated with cash bail and reduce unnecessary pretrial detention, particularly for nonviolent offenses.

The legal framework under MCR 6.106

At arraignment, the court must decide whether to release the defendant or hold them in custody. The law presumes release in most cases unless there are compelling reasons to deny it, such as the severity of the offense or significant risk factors. Under MCR 6.106, defendants may be:

• Released on personal recognizance.
• Released conditionally with specific requirements.
• Held in custody if charged with particularly serious crimes like murder or first-degree criminal sexual conduct, or if they pose a significant danger to the public (MCR 6.106(B)).

The court evaluates factors such as the defendant's criminal history, community ties, and the risk of flight to determine the appropriate form of pretrial release (MCR 6.106(F)).

Your Right to Release Before Trial in Michigan

Michigan law and the Michigan Constitution guarantee that a person charged with a criminal offense is entitled to bail. This reflects a foundational principle of American justice: liberty before trial is the norm, and pretrial detention is the carefully limited exception.

The court determines the conditions of release at arraignment. For misdemeanor charges, the court may not deny pretrial release altogether. The court must order release on personal recognizance, an unsecured appearance bond, or conditional release with or without money bail.

For felony charges, the court follows a hierarchy. Personal recognizance, requiring no money, is considered first. Cash bail is available only as a last resort, and only after the court makes findings on the record that the defendant's appearance or public safety cannot otherwise be assured. When bail is set, the court must consider the seriousness of the charge, the defendant's criminal history, the risk of flight, and the protection of the public. The amount must not be excessive.

In limited circumstances, the court may deny pretrial release for felony defendants entirely. Michigan Court Rule 6.106 permits denial for defendants charged with first-degree criminal sexual conduct, and for defendants charged with a violent felony who were already on probation, parole, or pretrial release for another violent felony at the time of the offense, or who have two or more prior violent felony convictions within the preceding fifteen years.

Legislation proposed in 2023 (House Bills 4655–4662) sought to strengthen and codify these principles statewide, but the bills did not pass. The governing law remains MCR 6.106 and MCL 765.6.

Types of Pretrial Release in Michigan

Michigan courts have several tools available when setting the conditions of a defendant's release before trial. The form of release imposed in any given case depends on what the court determines is necessary to ensure the defendant's appearance and protect public safety.

Personal recognizance is the least restrictive form of release. The defendant is released on their promise to appear, with no money required and no conditions beyond the standard obligations to return to court, remain in Michigan, and commit no new crimes.

If the court determines that personal recognizance alone is insufficient, it may impose conditional release. This allows the court to attach requirements tailored to the individual defendant and the nature of the charge. If the court finds that conditions alone cannot reasonably assure appearance or public safety, it may require money bail. Michigan recognizes three forms: a ten percent deposit bond, a cash bond requiring full payment, and a surety bond executed by a licensed bail agent. Money bail may only be imposed after the court makes specific findings on the record justifying it.

In every case, the court is prohibited from making pretrial release decisions based on race, religion, gender, economic status, or other impermissible criteria.

What Does "Pretrial Release Order Generated" Mean?

If your Michigan court case status says "Pretrial Release Order Generated," it generally means the court has created and entered the order governing your release while your criminal case is pending. In most cases, this occurs during or immediately after your arraignment, which is typically your first court appearance. At that hearing, the judge determines whether you will remain in custody or be released pending the outcome of your case. If the court authorizes your release, it issues a pretrial release order documenting that decision.

A pretrial release order is essentially the court's official release order. It confirms that the judge has established the terms under which you may remain out of custody while your case proceeds. Some Michigan courts may use different terminology, but the legal purpose is the same: to document your release status and the court's continuing authority over you until your case is resolved.

Once the pretrial release order is generated, it becomes a legally binding court order. It remains in effect throughout your criminal case unless the judge later modifies or revokes it. The court, prosecutor, law enforcement, and any pretrial services agency rely on the order to determine your legal status while the charges are pending.

The purpose of a pretrial release order is to allow most defendants to remain in the community while their case moves through the court system. Michigan law generally favors pretrial release under appropriate circumstances because every defendant is presumed innocent unless and until proven guilty. The order provides the legal framework that allows you to continue working, supporting your family, and assisting your attorney in preparing your defense while ensuring that you return for future court proceedings.

Seeing the status "Pretrial Release Order Generated" does not mean you have been convicted, that your case has reached a final decision, or that the court has ruled on the merits of the criminal charge. Instead, it simply indicates that the court has completed an important procedural step regarding your release while the prosecution continues.

If your case shows "Pretrial Release Order Generated," you should obtain a copy of the order as soon as possible, carefully review it with your criminal defense attorney, and make sure you understand your obligations while your case is pending. Because the order is legally enforceable, it is important to comply with all of its requirements. If any provision is unclear or creates an unnecessary hardship, your attorney may be able to ask the court to modify the order rather than risk a violation.

What conditions come with a pretrial release order?

When conditional release is granted, the court may impose specific requirements designed to mitigate risks. These conditions of bond can include restrictions on travel, mandatory substance abuse testing, no-contact orders, and other measures tailored to the defendant's circumstances. For a detailed overview of common bond conditions, refer to our article on Conditions of Bond During Pretrial Release in Michigan.

What if I cannot afford bail?

Recent reforms aim to reduce reliance on cash bail, ensuring that individuals are not detained solely due to financial hardship. If you cannot afford bail, your attorney can petition the court to lower the amount or modify the conditions of release based on your circumstances.

Can I challenge my release conditions?

Yes. If you believe the conditions of your bond are overly restrictive, your attorney can file a motion to modify them. Courts must impose the least restrictive conditions necessary, and challenges are especially relevant under Michigan's reformed pretrial release laws.

Common Pretrial Release Conditions in Michigan

A pretrial release order usually contains conditions the defendant must follow while the criminal case is pending. These conditions are not a sentence and do not mean the defendant has been found guilty. They are court-imposed rules designed to make sure the defendant returns to court, avoids new legal trouble, and does not interfere with witnesses, alleged victims, or the orderly progress of the case.

Appear at All Court Hearings

The most basic condition of every pretrial release order is that the defendant must appear, usually in person, sometimes by Zoom, for all scheduled court dates. Missing court can lead to a bench warrant, bond forfeiture, and additional restrictions on release. If a defendant has a legitimate conflict, the issue should be addressed through counsel before the hearing date, not after a missed appearance.

Do Not Commit Any New Crimes

A pretrial release order will typically require the defendant to avoid any new criminal conduct while the case is pending. Even a new misdemeanor allegation can create a serious bond problem because the court may view it as evidence that the original release conditions were not sufficient. A new arrest can also weaken plea negotiations and make the pending case more difficult to resolve favorably.

Do Not Leave Michigan Without Permission

Most Michigan pretrial release orders restrict out-of-state travel unless the court gives advance permission. This condition is intended to ensure that the defendant remains available for court and does not become difficult to locate. Also, if drug or alcohol testing is ordered, this condition remains and is applicable during travel, creating surmountable complications for both Courts and Defendants. Defendants who need to travel for work, family, medical care, or other legitimate reasons should ask their lawyer whether a bond modification or travel order is necessary.

Report to Pretrial Services or Probation

Some defendants are ordered to report to a pretrial services agency, probation department, or court supervision program. Reporting may be in person, by phone, or electronically, depending on the court and the level of supervision ordered. The supervising agency may also monitor compliance with other bond conditions and report alleged violations to the judge.

Keep Contact Information Updated

A defendant may be required to keep the court, attorney, and supervising agency informed of current address, phone number, and employment information. This condition matters because missed notices can lead to missed court dates, even when the defendant did not intend to violate bond. Any change in residence or contact information should be reported promptly and documented when possible.

No Alcohol or Illegal Drug Use

In OWI, drug, assault, domestic violence, and many other cases, courts often prohibit alcohol, marijuana, and/or controlled substance use unless legally prescribed. This condition can be broader than many defendants expect because it may apply even when the alleged offense did not involve alcohol or drugs. A defendant should not assume that lawful recreational use is permitted while on bond unless the order clearly allows it.

Alcohol or Drug Testing

Testing may be ordered to verify compliance with a no-alcohol or no-drug condition. Depending on the court, testing may involve breath tests, urine screens, EtG testing, remote alcohol monitoring, a SCRAM tether, or another approved method. Missed tests, late tests, diluted samples, and positive results may all be treated as potential violations, so defendants should treat testing instructions as court orders rather than casual appointments.

Substance Abuse or Mental Health Treatment

A pretrial release order may require assessment, counseling, treatment, or participation in a specific program, including 12-step groups such as AA and others. This condition is often imposed when the court believes treatment will reduce risk while the case is pending. Participation can sometimes help the defense, but defendants should coordinate with counsel so treatment records, admissions, and confidentiality issues are handled carefully. A 12-step sign in sheet is useful in these instances, and should be kept by the defendant..

No Contact with Named Persons

A no-contact condition prohibits communication with a specific person, often an alleged victim, witness, co-defendant, or protected party. “Contact” may include calls, texts, emails, social media messages, third-party messages, and physical presence near the person. Even friendly or invited contact can still violate the order if the court has prohibited it.

Do Not Go to Certain Locations

Some pretrial release orders prohibit the defendant from going to a home, workplace, school, business, such as where primary business is sale of alcohol by the glass, or other location connected to the case. This condition is common when the court believes distance is necessary to prevent conflict, intimidation, or further allegations. If the defendant needs access to property, clothing, tools, records, or medication at a restricted location, counsel should help arrange a lawful method rather than risking direct contact.

Restrictions on Residence or Living Arrangements

The court may restrict where the defendant lives while the case is pending, especially when the alleged victim or witness lives at the same address. This can create immediate practical problems involving housing, parenting, transportation, and employment. A defendant should not move back into a restricted residence unless the court has modified the pretrial release order in writing or on the record.

Employment or Education Requirements

Some courts require a defendant to maintain employment, continue looking for work, remain enrolled in school, or participate in job-related programming. This condition is usually intended to promote stability and reduce perceived risk while the case is pending. If a work schedule conflicts with testing, reporting, curfew, or court dates, the defendant should address the conflict through counsel before it becomes a violation.

Curfew

A curfew requires the defendant to be home during certain hours unless the court permits an exception. Curfews are often used when the judge wants more structure but does not believe full detention is necessary. Work schedules, childcare obligations, medical needs, and transportation problems should be raised early so the order can be tailored where appropriate.

Electronic Monitoring or Tether

Electronic monitoring may be ordered when the court wants location tracking or stricter supervision during pretrial release. A tether condition can affect employment, travel, medical appointments, and daily routines. Defendants should understand all charging, reporting, movement, and equipment rules because technical violations can still be reported to the court.

Firearms or Dangerous Weapons Restrictions

A pretrial release order may prohibit possession of firearms or other dangerous weapons while the case is pending. This condition is especially common in assaultive offenses, domestic violence cases, felony cases, and cases involving alleged threats. Defendants who own firearms should speak with counsel before transferring, storing, retrieving, or attempting to possess any weapon while the order remains in effect.

Surrender of Passport or Driver’s License

In some cases, the court may require a defendant to surrender a passport, driver’s license, or other document. A passport condition is usually tied to concerns about travel or flight risk. A driver’s license condition may arise in cases involving driving, public safety, or compliance concerns, and it should be reviewed carefully because it may affect work and family obligations.

Responsible Adult or Third-Party Supervision

The court may release a defendant to the supervision of a responsible adult or community member. That person may be expected to monitor compliance and report violations to the court. This condition should be taken seriously because it can place legal and practical pressure on family members, friends, or others who agree to assist.

Money Bond

A money bond may be required when the court finds that release without financial security will not reasonably assure appearance or public safety. Depending on the order, the defendant may be required to post a percentage bond, cash bond, or surety bond. Money bond is not a fine or punishment, but failure to comply with the pretrial release order can place the posted money at risk.

Obey All Other Court Orders

A pretrial release order may incorporate other existing court orders, including protective orders, probation-related orders, family court orders, or separate criminal case conditions. This can create overlapping obligations that are not always obvious to the defendant. When more than one court order applies, the safest course is to review all of them with defense counsel before acting.

What a Defendant Should Do Next

A defendant who receives a pretrial release order should read it carefully, keep a copy available, and review every condition with a Michigan criminal defense attorney. If a condition is confusing, impractical, or unnecessarily restrictive, the solution is usually to seek clarification or modification from the court. The worst approach is to guess, rely on informal permission, or violate the order and try to explain it later.

What Happens If You Violate Pretrial Release?

Bond conditions are court orders, and failing to comply with them carries real consequences. Common violations include missing a drug or alcohol test, testing positive, failing to appear in court, contacting a protected person, traveling without permission, or being arrested on a new charge.

When a violation is alleged, the court will typically schedule a show cause hearing, requiring the defendant to appear and explain why the court should not take action. In more serious cases, the court may issue a bench warrant before the defendant has an opportunity to appear voluntarily.

At the hearing, the judge may leave the bond unchanged, impose stricter conditions, increase the bond amount, convert a personal bond to a cash or surety bond, revoke release, or order the defendant held in custody. Bond violations may also be treated as contempt of court.

Not every alleged violation is as straightforward as it appears. Missed tests may have legitimate explanations, positive results may be subject to challenge, and the terms of a no-contact order may not clearly cover the conduct alleged. A focused defense presentation can make a significant difference in the outcome.

For a detailed discussion of bond violations and show cause hearings, see our article Bond Violation Show Cause Hearings in Michigan.

Michigan State vs. Federal Pretrial Procedures

It is important to note that state court pretrials differ significantly from federal arraignment and pretrial procedures. In federal court, arraignment and pretrial steps are governed by clear rules of criminal procedure that apply uniformly across jurisdictions. For more details on federal processes, read our article What Is a Federal Arraignment?

In contrast, Michigan's state courts do not have a specific court rule governing pretrials. This means that the manner and scope of a pretrial conference can vary widely depending on the judge and local court practices. Some judges may prioritize plea discussions, while others focus on resolving evidentiary or procedural issues to prepare the case for trial.

Speak With a Michigan Pretrial Defense Attorney

A pretrial is a critical stage in a criminal case, providing an opportunity to address legal, procedural, and evidentiary issues. While Michigan state court pretrials are governed by the Michigan Court Rules, their lack of uniform guidelines leads to variability in how they are conducted. Nonetheless, pretrials serve as a valuable tool for resolving disputes and ensuring readiness for trial.

Michigan's pretrial release framework reflects a growing commitment to fairness and equity, balancing public safety with the rights of defendants. Recent legislative reforms prioritize non-monetary conditions and individualized assessments, reducing reliance on cash bail and promoting more equitable outcomes.

Understanding the nuances of pretrials at the state level—and how they differ from federal procedures—can help defendants navigate the process more effectively. If you have questions about your pretrial hearing, your release conditions, or need legal representation, contact the Barone Defense Firm for a free no obligation consultation with an experienced attorney who will guide you through this critical stage.

About the Author

Patrick T. Barone is the Founding Partner and CEO of Barone Defense Firm, a Michigan criminal defense practice based in Birmingham with nearly four decades of experience representing clients in serious misdemeanor and felony cases. He is one of Michigan's most recognized authorities on OWI defense, breath and blood testing, and the intersection of forensic science and criminal law.

Mr. Barone is the author of five books, including Defending Drinking Drivers and Michigan DUI Law: A Citizen's Guide, and has published more than 130 articles in national and state legal journals, including the Michigan Bar Journal and NACDL's The Champion. He served for a decade as an adjunct professor teaching Drunk Driving Law and Practice at Western Michigan University Thomas M. Cooley Law School, and currently serves on both the Michigan Impaired Driving Task Force and the NACDL Artificial Intelligence Task Force.

A Board Certified Trainer, Educator, and Practitioner of Psychodrama, Mr. Barone brings a distinctive client-centered philosophy to criminal defense, one grounded in genuine understanding of the human experience behind every case. He is also an emerging national voice on the ethical and strategic use of artificial intelligence in legal practice, with recent publications in the American Bar Association's The Health Lawyer and NACDL's The Champion addressing prompt engineering, generative AI, and the future of criminal defense advocacy.

Mr. Barone has been recognized as a Michigan Super Lawyer every year since 2007, is rated AV by Martindale-Hubbell, and has appeared in Best Lawyers in America continuously since 2009. He is the Founding President of the Michigan Association of OWI Attorneys and a sustaining member of the National College for DUI Defense.